By Jones of Lubbock                                   H.B. No. 1601

         75R11593 CLG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring voter approval for the lease or sale of a

 1-3     certain facility owned and operated by the Lubbock County Hospital

 1-4     District.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 10, Chapter 484, Acts of the 60th

 1-7     Legislature, Regular Session, 1967, is amended to read as follows:

 1-8           Sec. 10.  CUMULATIVE POWERS.  Subject to Section 10A of this

 1-9     Act, the [The] board of managers, with the approval of the

1-10     commissioners court, shall have the power:

1-11                 (a)  To construct, condemn and purchase, purchase and

1-12     acquire, lease, add to, maintain, operate, develop and regulate,

1-13     sell, exchange and convey any and all lands, property, property

1-14     rights, equipment, hospital facilities and systems, medical

1-15     facilities or other health facilities for the maintenance of

1-16     hospitals, medical facilities, health facilities, buildings,

1-17     structures, and any and all other facilities and services the

1-18     hospital district may require or may have available to sell, lease

1-19     or exchange;

1-20                 (b)  To further effectuate such powers, the board of

1-21     managers, with the approval of the commissioners court, may

1-22     cooperate and contract with the United States government, the State

1-23     of Texas, any municipality or other hospital district, or any

1-24     department of those governing bodies, or with any privately owned

 2-1     or operated hospital, corporate or otherwise, which privately owned

 2-2     or operated hospital is situated in the hospital district;

 2-3     provided, in the opinion of the board of managers and of the

 2-4     commissioners court, such a contract is deemed expedient and

 2-5     advantageous to the hospital district under existing circumstances,

 2-6     and be for such fair and reasonable compensation and on such other

 2-7     terms and for such length of time as may be deemed to further and

 2-8     assist the hospital district in performing its duty to provide

 2-9     medical and hospital care to needy inhabitants of the county.

2-10           SECTION 2.  Chapter 484, Acts of the 60th Legislature,

2-11     Regular Session, 1967, is amended by adding Section 10A to read as

2-12     follows:

2-13           Sec. 10A.  SALE OR LEASE OF CERTAIN FACILITY; ELECTION.

2-14     (a)  The board of managers by resolution, and with the approval of

2-15     the commissioners court, may order the lease or sale of a facility

2-16     owned and operated by the hospital district as a teaching hospital

2-17     that is located on the campus of Texas Tech University, contingent

2-18     on voter approval at an election called and held for that purpose.

2-19     The resolution must include a finding by the board of managers that

2-20     the lease or sale is in the best interests of the residents of the

2-21     hospital district.  As soon as possible after the board of managers

2-22     adopts the resolution, the Commissioners Court of Lubbock County

2-23     shall order an election on the question of leasing or selling the

2-24     facility.

2-25           (b)  An election ordered under Subsection (a) of this section

2-26     shall be held on the first authorized uniform election date

2-27     prescribed by Subchapter A, Chapter 41, Election Code, that occurs

 3-1     after the 45th day after the date the election is ordered.

 3-2           (c)  The ballot for the election shall be printed to permit

 3-3     voting for or against the proposition:  "Approving The ______

 3-4     (Lease or Sale, as appropriate) of _________ (insert the name of

 3-5     the facility)."

 3-6           (d)  The board of managers may lease or sell the facility

 3-7     only if the majority of the votes cast at the election approve the

 3-8     lease or sale.

 3-9           (e)  If the majority of the votes cast at the election do not

3-10     approve the lease or sale of the facility, another election to

3-11     approve the lease or sale, as appropriate, may not be held before

3-12     the first anniversary of the most recent election on the

3-13     proposition.

3-14           SECTION 3.  The importance of this legislation and the

3-15     crowded condition of the calendars in both houses create an

3-16     emergency and an imperative public necessity that the

3-17     constitutional rule requiring bills to be read on three several

3-18     days in each house be suspended, and this rule is hereby suspended,

3-19     and that this Act take effect and be in force from and after its

3-20     passage, and it is so enacted.